Relevance Of Facts in Adjudicating Constitutionality of Statutes

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Rupesh Chandra Madhav


The basic function of courts is the process by which Judges perform it i.e. judicial process. Courts sit upon the matters brought before it and decide them in confirmation with the statutes enacted by legislature. Process of adjudication cannot be quantified on some broad generalisations rather it can only be understood in its ends to achieve justice in letter and spirit. It is then the judges who in absence of recurrent legislation update law to suit contemporary morals, by means of interpretative exercise. Benjamin N.Cardozo in Nature of The Judicial Process says, existence of certain set of circumstances and facts make it possible for legislature to enact laws which enable constitutional mandate to be relevant for society in changing times and thereafter judiciary steps in to decide whether such legislation is really in furtherance of constitution or not. Among various considerations which go into the determination of constitutionality of statutes, facts also cover a substantial ground.

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